Access Rights to a Child

[naija99]

In making this application from abroad, does the Applicant require a sponsor in the UK?

The VAF5 application form has a section related to the sponsor - can this be ignored or is this a mandatory requirement - does anyone know?

The mother who wishes to apply is from Ghana and was in the UK illegally for 12 years. Her son is 3 and was born and also lived in the UK until they left last year for her to go back for a family funeral.

She now wishes to return to the UK and wants to apply under this category.Can anyone advise?

[Lucapooka]

VAF5 is for entry under EU rules. Is that correct for your situation? If the child is no longer resident in the UK, any application for access rights will fail. Additionally, is the child British?

Really, if you you are not the subject of the question you are not much help as you don't seem to know where to begin. I suggest the lady in question seeks professional advice.

[naija99]

I'm sorry I meant VAF4
Yes the child is British and usually lives in the UK, he left with the mother but is due to return to start reception class at school, he has just turned 4 years old. The mother was hoping they could travel to the UK together if she is granted the visa. Is this possible?

The child obtained British nationality through his father but his father was already a married man. They are no longer together.

I made a mistake on the form, doesn't mean I'm not much help and don't know where to begin. The lady is in Ghana and is struggling to get Internet access and that's why I'm asking on her behalf.

So the question is would she require a sponsor in the UK as the application form has a section for a sponsors details. If this option is not possible could she pursue Zambrano from abroad or any other application?

If anyone could assist it would be greatly appreciated.

[naija99]

Can anyone help?

[Amber]

It would help if you stated her immigration status, if she has been in the UK, legally for a continuous period of 10 years the did she apply for Long Residence settlement as she would have been eligible for that (still would be if in the UK with valid leave)? What was her last leave and when did it expire?

[Obie]

Also see MA and SM (Zambrano : EU children outside EU) Iran [2013] UKUT 380 (19 July 2013) and Family life as a parent.

[naija99]

Thank you Amber
She entered with a six month visitors visa and overstayed
She had intended on making an FLR o application as parent of a British child but had to leave on an emergency basis due to death of her mother
So she was living illegally for all those years

[naija99]

Thank you Obie
Will look at those now